Sukh Sampat Sardarmal Mohnot vs Sardarmal Ghambhirmal Mohnot (Deceased) — Bombay HC (2026) — LawSathi Research

Sukh Sampat Sardarmal Mohnot vs Sardarmal Ghambhirmal Mohnot (Deceased) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Succession Certificate ordered to be issued to petitioner Sukh Sampat Sardarmal Mohnot in respect of the securities of the deceased, subject to the Office verifying that no cross petition or affidavit opposing the grant has been filed.

Issue for consideration

Whether the Succession Certificate petition complies with all legal formalities so that the grant may issue to the petitioner. +1 more

Court's answer

The Affidavit dated 22.10.2024 for non-availability of identification proof of the deceased is accepted.

Ratio / Principle

The delay in compliance is explained and is condoned.

Key takeaways

All other legal formalities are complied with and the petition is granted.ratio¶8
The Office is directed to issue the Succession Certificate as prayed, after verifying whether any cross petition or affidavit opposing the grant has been filed.ratio¶9

Detailed headnote1 paragraphs

Succession Certificate granted — TP/6028/2024 (E-filing). By order dated 02.02.2026, Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar, granted the petition of Sukh Sampat Sardarmal Mohnot (son of the deceased) for a Succession Certificate in respect of certain securities of Sardarmal Ghambhirmal Mohnot, who died intestate at Mumbai on 23.05.1972. The affidavit dated 22.10.2024 regarding non-availability of the deceased's identification proof was accepted. Of the surviving heirs (one son, two granddaughters, one grandson — the predeceased son Sobhag having died on 14.05.1986 leaving two daughters and one son, with the deceased's parents and wife having predeceased him), granddaughter Manju was served by citation (affidavit of service dated 10.07.2025) and granddaughter Anita and grandson Akshay were served through newspaper publication (affidavit of service of publication dated 31.10.2025). As regards the non-consenting heirs Manju, Akshay and Anita, an earlier order dated 04.12.2025 dispensed with justification of surety and directed acceptance of the Administration Bond as adequate security; the Administration Bond dated 18.12.2025 was duly filed along with the petitioner's oath and the affidavit of service of affixation of the general notice dated 10.07.2025. Delay was explained and condoned; all legal formalities were found complied with. The Office was directed to issue the Succession Certificate as prayed after verifying whether any cross petition or affidavit opposing the grant was filed. (Swapnil Narkar, Advocate, for the petitioner.)

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2^nd February, 2026

CALLED FOR COMPLIANCE :

2 TP/6028/2024 (E-filing)

Mr. Swapnil Narkar, Advocate for petitioner

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioner namely Sukh Sampat Sardarmal Mohnot being son of deceased. Deceased namely Sardarmal Ghambhirmal Mohnot died intestate at Mumbai on 23.05.1972. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 22.10.2024 for non-availability of identification proof of deceased. The same is accepted.

Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. One son of deceased namely Sobhag died on 14.05.1986 leaving behind his two daughters and one son. Deceased was survived by one son, two granddaughters and one grandson. Out of them son is petitioner herein and one granddaughter of deceased namely Manju has been served with the citation and Affidavit of Service dated 10.07.2025 is filed to that effect. Another granddaughter namely Anita and grandson namely Akshay of deceased have been served with the citation through newspaper publication and Affidavit of Service of publication dated 31.10.2025 is filed to that effect. As regards non-consenting legal heirs namely Manju, Akshay and Anita, the Hon’ble Court by an order dated 04.12.2025 has dispensed with the justification of surety and has directed to accept the Administration Bond as adequate security to proceed for issuance of grant.

Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 10.07.2025 and Administration Bond dated 18.12.2025 are filed. Delay is explained and same is condoned. All other legal formalities are complied with. Hence, petition is granted.

Office to issue Succession Certificate as prayed after verifying whether any cross petition is filed or whether any Affidavit opposing grant is filed.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

02.02.2026